Joerg Knipprath continues his thoughtful analysis:
In addition to the main constitutional Achilles heel of the health care law, the individual mandate to purchase insurance, there are several other potential soft spots. I will address first some residual issues raised by the brief for 13 of the 14 state attorneys-general who have challenged Obama/Reid/PelosiCare so far. I have read that brief. I have not yet read the brief of the Virginia attorney general, who filed separately. Thereafter, I will address some more general constitutional issues.
Once again, please read the whole thing.
I am reminded as I read it that the question of constitutionality is often decided on what (are to us non-lawyers) very fine distinctions of terms and usage. In short, principles give way to technicalities (such as the one where the bill originated in the House but was “gutted” by the Senate yet still meets the requirements for having been a House bill).